Energy Bill (HC Bill 167)

29Power to amend Consumer Credit Act 1974

(1)The Secretary of State may by order make such amendments to the Consumer Credit Act 1974 as the Secretary of State considers appropriate in consequence of provision made by or under this Chapter.

(2)5Before exercising the power under subsection (1) the Secretary of State must consult—

(a)the Office of Fair Trading, and

(b)such other persons as the Secretary of State considers appropriate.

Delegation of functions to public body

3010Delegation and conferring of functions

(1)The Secretary of State may by order provide for the following functions conferred on the Secretary of State to be exercisable instead by a public body specified in the order—

(a)any function exercisable in connection with the scheme established by 15the framework regulations;

(b)any function exercisable under the framework regulations by virtue of section 6(4);

(c)any function under regulations made under section 16.

(2)If the function of issuing a code of practice for the purposes of the scheme is 20specified in an order by virtue of subsection (1)(a), a draft of the code must be approved by the Secretary of State before the Secretary of State lays the draft before Parliament under section 35(2).

(3)If the function of revoking a code of practice issued for the purposes of the scheme is specified in an order by virtue of subsection (1)(a), the code must not 25be revoked without the approval of the Secretary of State.

(4)The Secretary of State may by order make provision conferring administration functions on—

(a)the Secretary of State;

(b)a public body specified in the order.

(5)30For the purposes of subsection (4) administration functions are functions in connection with the administration of any provision in licences under section 7 or 7A of the Gas Act 1986 or section 6(1)(c) or (d) of the Electricity Act 1989 made by virtue of section 17(3) of this Act.

(6)An order made by virtue of subsection (1) or (4)(b) may provide for—

(a)35different functions to be exercisable by different public bodies;

(b)the same function to be exercisable by different public bodies in relation to different areas.

(7)The Secretary of State may make payments to any public body specified in an order made by virtue of subsection (1).

3140Duty to report

(1)This section applies if the function under section 3(1)(a) is specified in an order made by virtue of section 30(1)(a).

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(2)The Secretary of State may make regulations requiring the body specified in relation to that function in the order to—

(a)collect information on the specified matters, and

(b)provide the Secretary of State with a report on those matters at the 5specified times.

(3)In subsection (2) “specified” means specified in the regulations.

General

32Power of Secretary of State to deal with special circumstances

(1)The Secretary of State may by regulations make provision as to—

(a)10the circumstances in which a bill payer’s liability to make green deal payments to the relevant energy supplier is suspended or cancelled;

(b)the circumstances in which the suspension of any liability ends;

(c)the consequences of any suspension or cancellation;

(d)the circumstances in which the green deal provider may require the 15early repayment of the whole or part of the total of the payments outstanding under a green deal plan.

(2)The regulations may, in particular, include provision—

(a)as to the procedure to be followed for securing a suspension or cancellation (including the payment of an administration fee calculated 20in accordance with the regulations);

(b)as to how any payments due under a green deal plan during a period of suspension are to be paid;

(c)as to the making of payments due under a green deal plan after a period of suspension;

(d)25as to the calculation of the amount payable on early repayment (including a fee calculated in accordance with the regulations).

(3)For the purposes of this section—

(a)“bill payer” includes the person who would be the bill payer if the supply from the relevant energy supplier were not temporarily 30disconnected or the liability to make green deal payments were not suspended, and

(b)payments are green deal payments if they are made under a green deal plan.

33Appeals

(1)35This section applies if provision is included in a scheme or regulations by virtue of any of the following—

(a)section 3(3)(h) or (i);

(b)section 6(4);

(c)section 16.

(2)40The Secretary of State must by regulations provide for a right of appeal to a court or tribunal against any sanction imposed, or other action taken, by the Secretary of State or a specified public body under the provision mentioned in subsection (1).

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(3)Regulations under this section may, in particular, include provision—

(a)as to the jurisdiction of the court or tribunal to which an appeal may be made;

(b)as to the persons who may make an appeal;

(c)5as to the grounds on which an appeal may be made;

(d)as to the procedure for making an appeal (including any fee which may be payable);

(e)suspending the effect of a sanction or other action being appealed against, pending determination of the appeal;

(f)10as to the powers of the court or tribunal to which an appeal is made;

(g)as to how any sum payable in pursuance of a decision of the court or tribunal is to be recoverable.

(4)The provision referred to in subsection (3)(f) includes provision conferring on the court or tribunal to which an appeal is made power—

(a)15to confirm the sanction imposed or action taken;

(b)to withdraw the sanction or action;

(c)to impose a different sanction or take different action;

(d)to remit the decision whether to confirm the sanction or other action, or any matter relating to that decision, to the person who imposed the 20sanction or took the action;

(e)to award costs.

(5)If the Secretary of State considers it appropriate for the purpose of, or in consequence of, any provision falling within subsection (3)(a), (d), (f) or (g), regulations under this section may revoke or amend any subordinate 25legislation.

(6)In this section—

(a)“specified public body” means a public body specified in an order made by virtue of section 30(1);

(b)“subordinate legislation” has the meaning given in section 21(1) of the 30Interpretation Act 1978 and includes an instrument made under a Measure or Act of the National Assembly for Wales.

34Funding for energy efficiency advice

(1)The Secretary of State may incur expenditure in providing qualifying advice or information or in making payments to persons who provide qualifying advice 35or information.

(2)In this section “qualifying advice or information” means advice or information about green deal plans or energy efficiency generally which is given to individuals or organisations.

35Parliamentary procedure in relation to code of practice

(1)40This section makes further provision in relation to the issuing of any code of practice for the purposes of the scheme established by the framework regulations.

(2)Before the code is issued the Secretary of State must lay a draft of the code before Parliament.

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(3)If, within the 40-day period, either House of Parliament resolves not to approve the draft, the code may not be issued.

(4)If no such resolution is made within that period, the code may be issued.

(5)The “40-day period”, in relation to a draft of a code, means the period of 40 5days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the 2 days on which it is laid).

(6)For the purposes of calculating the 40-day period, no account is to be taken of any period during which—

(a)10Parliament is dissolved or prorogued, or

(b)both Houses are adjourned for more than 4 days.

36Regulations and orders

(1)Regulations and orders under this Chapter may make different provision for different cases or circumstances or for different purposes.

(2)15Regulations and orders under this Chapter are to be made by statutory instrument.

(3)A statutory instrument containing regulations or an order under this Chapter is subject to annulment in pursuance of a resolution of either House of Parliament.

(4)20Subsection (3) does not apply to a statutory instrument containing—

(a)regulations under section 2 or the framework regulations,

(b)regulations under section 10(2), 14(7) or (8) or 15(4),

(c)regulations under section 13, 15(1), 16, 32 or 33, or

(d)an order under section 1, 2 or 29.

(5)25A statutory instrument containing regulations or an order falling within subsection (4)(a), (c) or (d) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(6)A statutory instrument containing regulations falling within subsection (4)(b) 30is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(7)Before making regulations or an order under this Chapter extending to Scotland, the Secretary of State must—

(a)if the regulations or order contain any provision which would be within the legislative competence of the Scottish Parliament if it were 35contained in an Act of that Parliament, obtain the consent of the Scottish Ministers;

(b)in any other case, consult the Scottish Ministers.

(8)The Secretary of State must obtain the consent of the Welsh Ministers before making provision under section 33 amending or revoking—

(a)40provision included in an instrument made under a Measure or Act of the National Assembly for Wales;

(b)any other subordinate legislation made by the Welsh Ministers (or the National Assembly for Wales established under the Government of Wales Act 1998).

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(9)Subsection (8) does not apply to the extent that the Secretary of State is making incidental or consequential provision.

(10)Before making regulations or an order under this Chapter applying to Wales, the Secretary of State must consult the Welsh Ministers.

(11)5Subsection (10) does not apply to the extent that consent has been obtained under subsection (8).

CHAPTER 2Private rented sector: England and Wales

10Introductory

(a)a property is a “domestic private rented property” if, subject to 15subsection (2), it is let—

(i)under a tenancy which is an assured tenancy for the purposes of the Housing Act 1988,

(ii)under a tenancy which is a regulated tenancy for the purposes of the Rent Act 1977, or

(iii)20under a tenancy which is specified for the purposes of this subsection in an order made by the Secretary of State;

(b)a property is a “non-domestic private rented property” if it—

(i)is situated in England and Wales,

(ii)is let under a tenancy, and

(iii)25is not a dwelling.

(2)But a property is not a domestic private rented property if—

(a)it is low cost rental accommodation within the meaning of section 69 of the Housing and Regeneration Act 2008 and the landlord is a private registered provider of social housing, or

(b)30the landlord is a body registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996.

(3)In subsection (1)(b) “dwelling” has the meaning given by the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (S.I. 2007/991S.I. 2007/991) or any regulations replacing those regulations 35(“the Energy Performance Regulations”).

(4)A domestic private rented property is referred to in this Chapter as a “domestic PR property”.

(5)A non-domestic private rented property is referred to in this Chapter as a “non-domestic PR property”.

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39Review of energy efficiency in the private rented sector: England and Wales

(1)A review under this section is a review of the energy efficiency of domestic PR properties and non-domestic PR properties (referred to in this Chapter as “PR properties”).

(2)5A review under this section may include a review of the energy efficiency of such properties which are not PR properties as the Secretary of State considers appropriate.

(3)The Secretary of State must conduct the review, or arrange for the review to be conducted on behalf of the Secretary of State by another person.

(4)10If the Secretary of State arranges for another person to conduct the review—

(a)that person must conduct the review in accordance with any directions given by the Secretary of State, and

(b)the arrangement may include provision for payments to be made by the Secretary of State to the person.

(5)15The review must not be commenced before the end of the period of one year beginning with the day on which regulations under section 3 (green deal framework regulations) first come into force in relation to England and Wales.

(6)The review must include—

(a)a comparison of the energy efficiency of PR properties with the energy 20efficiency of properties in England and Wales which are not PR properties;

(b)a consideration of the extent to which financial assistance is available to landlords of PR properties for the purpose of taking measures to improve the energy efficiency of their properties;

(c)25a consideration of the need for action to be taken for the purpose of improving the energy efficiency of PR properties;

(d)a consideration of the possible effects of any action recommended to be taken as a result of the consideration required by paragraph (c).

(7)A report of the review must be published before 1 April 2014.

30Domestic energy efficiency regulations

40Power to make domestic energy efficiency regulations: England and Wales

(1)The power of the Secretary of State to make regulations under this section is exercisable only—

(a)the sanctions for non-compliance with a requirement imposed by or 30under the regulations;

(b)the sanctions for the provision of false information in connection with such a requirement;

including, in both cases, the imposition of a civil penalty by a local authority.

(3)The amount of any civil penalty provided for by domestic energy efficiency 35regulations must not exceed £5,000.

(4)Where domestic energy efficiency regulations make provision for the imposition of a civil penalty, the regulations must also include provision for a right of appeal to a court or tribunal against the imposition of the penalty.

(a)40as to the jurisdiction of the court or tribunal to which an appeal may be made;

(b)as to the grounds on which an appeal may be made;

(c)as to the procedure for making an appeal (including any fee which may be payable);

(d)45suspending the imposition of the penalty, pending determination of the appeal;

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(e)as to the powers of the court or tribunal to which an appeal is made;

(f)as to how any sum payable in pursuance of a decision of the court or tribunal is to be recoverable.

(6)The provision referred to in subsection (5)(e) includes provision conferring on 5the court or tribunal to which an appeal is made power—

(a)to confirm the penalty;

(b)to withdraw the penalty;

(c)to vary the amount of the penalty;

(d)to award costs.

(7)10If the Secretary of State considers it appropriate for the purpose of, or in consequence of, any provision falling within subsection (5)(a), (c), (e) or (f), domestic energy efficiency regulations may revoke or amend any subordinate legislation in so far as the subordinate legislation extends to England and Wales.

(8)15In this section “subordinate legislation” has the meaning given in section 21(1) of the Interpretation Act 1978 and includes an instrument made under a Measure or Act of the National Assembly for Wales.

(b)if, having regard to the report, the Secretary of State considers that the 25regulations—

(i)will improve the energy efficiency of the domestic PR properties to which the regulations relate, and

(ii)will not materially decrease the number of properties available for rent.

(2)30The Secretary of State may make regulations for the purpose of securing that a landlord of a domestic PR property which is of such description of domestic PR property as is provided for by the regulations does not unreasonably refuse a request mentioned in subsection (3).

(3)The request is one by the tenant of the property to consent to the making of 35such relevant energy efficiency improvements as are identified in the request.

(4)Regulations under this section are referred to in this Chapter as “tenants’ energy efficiency improvements regulations”.

(b)relating to the likely negative impact on the value of a property of consenting to the request.

(3)30Provision falling within subsection (1)(d) includes, in particular, provision about evidence for the purpose of demonstrating—

(a)an exemption from a requirement imposed by or under the regulations;

(b)that a property is not one in relation to which the regulations have effect;

(c)35that the improvements for which consent has been requested are not relevant energy efficiency improvements within the meaning given by the regulations.

45Sanctions for the purposes of tenants’ energy efficiency improvements regulations: England and Wales

(1)40Tenants’ energy efficiency improvements regulations may include provision for the purpose of securing compliance with requirements imposed on landlords by or under the regulations.

(2)Provision falling within subsection (1) includes, in particular, provision for a tenant to apply to a court or tribunal for a ruling that a landlord has not 45complied with a requirement imposed by or under the regulations.